The Nova Scotia government has amended its income assistance regulations to exclude individuals living in tents from receiving enhanced financial support, reversing a recent appellate court ruling. The change follows a decision on August 5 by the Nova Scotia Court of Appeal, which had affirmed that people residing in tents qualified for higher income assistance rates.

The judicial ruling had overturned a 2025 Supreme Court decision involving Bradley Lowe, who was denied the enhanced assistance because he lived in a tent. Mr. Lowe, who passed away in late 2023, had sought a higher assistance rate due to his disability and because he considered his tent his accommodation. Despite approval of a basic assistance rate of $380 per month, the province denied his claim for the enhanced rate of $974, citing his homeless status.

Following the Court of Appeal’s ruling in favor of Mr. Lowe’s estate, the provincial government introduced regulatory amendments through an order-in-council on Tuesday, based on recommendations from Susan Corkum-Greek, minister of opportunities and social development. The revised regulations remove the term “accommodation” and instead specify that eligibility hinges on whether a person “lives in a home.” The new definition restricts “home” to a self-contained unit that is rented or owned, or to a room in a lodging house or a single-occupancy room in a building.

A spokesperson for the Department of Opportunities and Social Development stated that the regulatory changes were intended to clarify existing language to ensure consistent and transparent administration of income assistance across the province. The department emphasized continued support for individuals experiencing homelessness, highlighting ongoing investments in shelters, supportive housing, and services. “The intent of the program remains to support people experiencing homelessness while helping them move toward safer, more stable housing,” the statement said.

Vince Calderhead, the lawyer for Mr. Lowe’s family and a veteran human rights advocate, criticized the government’s decision as “very cruel,” arguing it effectively negates the Court of Appeal’s ruling. He estimates that several hundred Nova Scotians on income assistance live in tents during warmer months and believes the recent legislative change extinguishes the hope the court ruling had offered them. “It just reminds them that the government is largely indifferent to people in that situation,” Calderhead said.

Emma Halpern, executive director of the Elizabeth Fry Society of Mainland Nova Scotia, described the original court decision as a significant recognition of the dignity of vulnerable individuals. She said that supporting society’s most marginalized members is essential to the overall health of the community.

The latest regulatory adjustment indicates a continued debate over how the province classifies and supports people who are unhoused, highlighting tensions between legal interpretations of eligibility and the government’s policy priorities.